logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.28 2019고단5258
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 26, 2017, the defendant received a summary order of one million won as a crime of violating the Road Traffic Act from the Suwon District Court on April 26, 201.

1. Around 07:36, 2019, the Defendant was under the influence of alcohol with a blood alcohol content of 0.062% 0,062%, and the Defendant driven the Eone Star Co., Ltd. in front of the entrance of the D Park in front of the B apartment Cdong at the Osan Viewing parking lot in the same city.

2. Around 07:44, 2019, the Defendant: (a) received a 112 report from the head of the Gyeonggi-Masan Police Station F District G belonging to the Gyeonggi-Masan Police Station to the effect that the Defendant was a driver suspected of drinking, before the entrance of the said D Park; and (b) received a 112 report to the effect that the Defendant was a driver suspected of drinking.

At the time, there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the inaccuracy of the influence of alcohol and the influence of alcohol in an inaccurate manner, the state of walking, red and smelling, etc., so the defendant was requested to verify whether he was drunk, but the defendant was not breathing, but was requested to respond to the drinking test by continuously inserting the breath, but the defendant was requested to respond to the drinking test by continuously inserting the breath, but he refused it, and was arrested at the police, and did not comply with the request for the drinking test by explicitly refusing the request for the drinking test by a

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on internal investigation (a CD recorded by a control police officer);

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of a summary order, No. 2017 high-end and approximately 6303 of the Suwon District Act, which include criminal history records, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1), 44 (1) of the Road Traffic Act, the choice of fines, and Articles 148-2 (2) and 44 (2) of the Road Traffic Act (the point of refusing to measure such facts, the selection of fines);

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

arrow